Election to the Chair of The President of India
Thursday, 30th April, 2009
According to the Article 52 of the Constitution of India, at the head of the Union Executive is the President of India. In order to be qualified for election as President, a person must be a citizen of India, have completed the age of thirty five years, be qualified for election as member of the Lok Sabha and must not hold any office of profit under the government of India or the Government of any state or under any local or other authority subject to the control of any of the said government as mentioned in the Article 58. But a sitting President or Vice President of the Union or the governor of any State of a Minister either for the union or for any state as not disqualified for election as president.
Besides the above mentioned qualifications the ordinance promulgated on June 5 1997 stipulates that there must be 50 proposals and 50 seconders for the presidential candidate. It has also increased the security deposit for the election of the President of India.
The procedure of presidential election is contained in Article 54 and 55. While article 54 provides for the creation of an electoral college constituting of all the elected MLAs and MPs, article 55 provides for the formula of uniformity in the scale of representation of different States, as far as practicably, by incorporating the method of proportional representation with single transferable vote system. The total number of votes of an elected MLA is equals to the total population of the state divided by 1000 and the result is further divided by the total number of elected MLAs from the state. The total number of votes of an MP is equals to the total number of the votes as assigned to all elected MLAs divided by the number of elected MPs.
No person can be declared elected as the president unless he secures more than half of the total votes cast. Since the election of the president is by proportional representation by means of single transferable vote the next step is to ascertain the quota. To determine the quota, the total number of votes polled is divided by the total number of members to be returned plus one and by adding one to the quotient.
The members of Electoral College indicate their preferences on the ballot paper. If none of the candidates secure majority of votes cast, the candidate with the least number of votes is eliminated and his votes transferred to the candidate of second choice of voters. This exercise is continued till one of the candidates secures absolute majority of total number of votes cast.
The president is elected for a term of five years from the date on which he enters the office of the President of India and is eligible for re election according to the article 56-57. But his term office years may cut short if he resigns by writing addressed to the Vice President or is removed on charges of violation of the Constitution by the process of impeachment as laid down by the Constitution.
Every person acting as President or discharging the function of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior most judge of the Chief Justice of India, in affirmation in the following form, that is to say- “ I —– swear in the name of God ( solemnly affirm) that I will faithfully execute the office of President (or discharge the functions of the President) of India and will do the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well being of the People of India.”














